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THE GOVERNMENT.
Number: 06 /2016/ND-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 18, 2016
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DECREE
Q Stop. Why? , provide and use radio, television and radio services
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Government Law Base June 19, 2015;
The Law of Law. I'm December 28, 1989; Law amended, b. socket Add a Stain. The Law of the Press Act. 1 June 2, 1 999;
Office of the Far East Law May 23 11 in 2009;
On the recommendation of the Minister of Information and Communications;
Government The Board of Directors. Why? , providing and using radio, television.
COMMON RULES
This decree details the management of information content, quality, price, supply, and use of radio, television, and television services in Vietnam; the channel's revenue from the satellite in Vietnam.
This decree applies to organizations, domestic and foreign individuals involved in the management of information content, quality, price, supply, and use of radio, television, and television services in Vietnam. It ' s a direct foreign form from the satellite in Vietnam.
In this decree, the following words are understood as follows:
1. The radio, television service is the telecoms application service to provide the integrity of domestic program channels, foreign programs and valuing services on the infrastructure of radio broadcasting, television, and television. I don't know. Radio, television may be provided directly to the person who uses the service not through the storage device, slowing (online television service) or as a separate subscription for use of the service (on-demand service).
2. The increased value service of radio services, television is the services that increase the utility of radio, television and radio services.
3. The domestic program channel is the radio program channel, the TV show channel provided by the press agencies with Radio, Television (newspapers, reporting, reporting) of Vietnam produced or linked production by law. the law.
4. The program serves the political mission, the essential propaganda information is the domestic program channel provided by the competent state governing body in accordance with the request for political duty, the propaganda information in each of the country ' s stages. This includes a program that serves political duties, national and local propaganda.
5. The foreign program channel is a radio program, television program channel, produced by foreign broadcasters, with foreign language appearances.
6. Operated the production of radio programs, television is a collaborative operation to carry out the production of the program, the domestic program channel between the unit with the license to produce the domestic program channel and the link partner through the program. It's a contract.
7. The unit provides content as the press agency with a licensed radio, television, television, or license agreement with a copyright agreement on the broadcast, television.
8. The unit providing radio services, television is the established business under the regulation of Vietnamese law that is eligible to provide services.
9. Infrastructure broadcasting broadcasting, television is a telecommunications network that meets a demand for radio, television, and radio services.
10. The user of the service is the organization, the individual with the terminal response that requires the use of radio, television.
11. A subscription to the service (abbreviated as a subscription) is a person who uses an interface with a radio service provider, a contract to pay a contract with a contract or a written agreement with an equivocal constraint.
12. The terminal is the radio signal recording device, television at the end of the digital infrastructure that broadcasts radio broadcasting, television on the side of the user.
13. The terminal terminal, paying television is the terminal with a functional integration that is consistent with the content protection requirement and the subscribable management of the radio service provider, the pay television.
14. The final point of radio service, television is the physical connectline of the telecommunication network according to standards, radio broadcasting techniques broadcast radio, television to secure the end of the terminal to telecommunications network and distribution. The economic boundaries, the technology between the unit providing radio, television, and service users.
15. The receiver center is the location of radio devices, television set up into the system to collect, process the base tape signal and the radio signal level, television to the digital infrastructure that broadcast radio broadcasting, television to provide to the user.
What? 4. Classification of radio services, television
1. The types of radio, television, including:
a) Ground-based television service: As the type of radio service, television use the digital infrastructure that broadcasts digital terrestrial television to deliver radio programs, television to people using service;
b) Cable service: As the type of radio service, television use the transmission of cable television broadcasting that applies various technologies to provide radio, television programs to people using the service, include: analog cable television service; digital cable television service; Internet protocol cable service (IPTV); and more.
c) Satellite service via satellite: As the type of radio service, television use television broadcasting transmission technology broadcast via satellite to provide radio, television programs to people using the service;
d) Mobile TV service: As the type of radio service, television use television broadcasting transmission technology broadcast terrestrial mobile television, satellite-based television, television through the ground mobile telecommunications network to provide channels to the network. radio program, television to the user of the service;
Radio service, television on the Internet: As the type of radio service, television uses Internet connectivity through the domain name addresses of the electronic information page or Internet addresses identified by Vietnam to transmit it to the Internet. download radio broadcasts, television to the user of the service.
2. The radio services, the prescribed television at Clause 1 This is provided to the user in accordance with the two promotional and payment methods, as follows:
a) The broadcasting service, promotional television is a service provided by the business under the rule of law that provides users with free services without adopting technical measures to manage, control, or bind to signal collection conditions;
b) The radio service, paying television is the service provided by the business to provide a radio service, pay television that provides the user with the service to apply technical measures to manage, control, and bind the conditions of income. Signal.
What? 5. radio service management policy, television
1. Development of radio services, television promotions across the country according to modern technology so that people access easy access to radio, television, political mission service channels, national and national essential propaganda information. Local.
2. Development of the radio service market, sustainable pay television, create an equal competitive environment aimed at mobiling social resources that contribute to political duty, propaganda information and the response to healthy, diverse entertainment needs of the country. The people.
3. Create favorable conditions for mobilizing, using social resources engaged in the production of programs, channel channels in the country in the form of links aimed to enhance the population, meet the need to enjoy the spiritual culture of the people; protect and thrive. The traditional cultural, cultural and cultural tradition of the nation, helped to build and protect the Socialist Republic of Vietnam.
4. Management of providing information content on radio services, television in accordance with the regulation of the law in the press; management of the broadcasting of radio broadcasting, broadcasting under the regulation of the telecommunications law; management of operations. The broadcast service, the prescribed television at this decree.
5. Enhalization of test work, effective assessment of information content, quality of radio services, television with technical measures and statistical methods, modern sociological investigation.
6. Create favorable conditions for the Pay-TV Association and businesses that provide radio, effective animation television to contribute to the promotion of the development of radio service, television in line with the owner, the path of the company. Party, policy, state law.
What? 6. State management of radio, television and radio services
1. The responsibility of the Ministry of Information and Communications
a) Chair, construction coordination, authorship issued, or authorship issued by the authority to enact laws that violate the law, strategy, planning, planning, state policy for the service of radio, television;
b) Host, construction coordination, promulgation of technical standards for technical infrastructure providing radio, television, and field services.
c) Professional state management of the price of radio, television;
d) Scientific research, modern technology application and construction of technical standards applied in radio service, television; training, professional training in radio service, television, and field services;
Manage and organize international cooperation in radio, television, and radio services.
e) Level, exchange, reorder, renew, revoking the types of licenses, certificates in radio service activity, television in accordance with the Law of Journalism and Decree;
g) Guide to the implementation of the information mode, report, statistics, and board of the unification of the forms used in the service of radio, television;
h) Management, inspection, inspection, monitoring, resolution of complaint, denouncing, handling violation of the law in the service of radio services, television, by jurisdiction.
2. The ministries, peer agencies, the Provincial People ' s Committee, the Central Committee of the Central Committee within the scope, mandate, its powers are responsible for coordinating with the Ministry of Information and Communications to implement state management of radio service operations, media and media. -No.
MANAGE, PROVIDE AND USE RADIO, TELEVISION AND RADIO SERVICES.
Item 1
RADIO SERVICES, PROMOTIONAL TV
What? 7. Rights and obligations of the unit to provide radio services, promotional television and ...
1. The rights of the unit to provide radio services, TV promotions
a) Be actively selected for the domestic program channels to provide on the appropriate appropriate service at Article 13 This decree;
b) The unit of the unit selection has a suitable telecommunications network to provide radio, promotional television in the event of a radio service provider, broadcast television without a telecommunication network;
c) Used as a dedicated device to install the name, the service identification symbol on the appropriate television program channels stipulated at Article 23 of this decree.
2. The obligation of the unit to provide radio services, promotional television.
a) There must be a plan to take the transmission capacity to perform the broadcast transmission on the service channels service by regulation at paragraph 4 Article 13 This decree and according to the assignment of the authority of the competent authority;
b) Accept the State regulations on the management of information content and protection of the copyright content of the program, the radio program, television;
c) Accept a career reporting regime for the state governing body in the central and local states by regulation;
d) under the inspection, examination of the authorities under the rule of law.
What? 8. Rights and obligations of the users of radio service, TV promotion
1. The rights of people using radio services, TV promotions
a) The owner of the terminal equipment and the choice of using radio services, the promotional television of the units that provide service in demand;
b) is provided with information about radio services, television promotion across the country;
c) Been lodged with the quality of service to the state governing body.
2. The person ' s obligation to use radio service, television promotion
Accept the provisions of the copyright protection of the copyright content of the program, the radio show, television.
What? 9. The principle of providing radio services, promotional TV
1. Specs the radio service, television promotion on the country, which focuses on deep, remote, border, island, and particularly difficult regions.
2. Make sure to fit the State Planning on: Journalism; radio broadcast broadcasting, television; development of radio, television.
3. Make sure to fit the regulations on Internet resource management and radio frequency in accordance with the laws of telecommunications and radio frequency.
4. Make sure the service content is consistent with the regulatory content management regulations in accordance with the law of the press and regulation at this Decree.
5. Make sure to fit the standards, technical standards of the State for the quality of equipment and radio services, television.
Item 2
RADIO SERVICE, PAY TELEVISION
What? 10. Rights and obligations of the unit to provide radio services, pay television.
1. The unit ' s rights to deliver radio services, pay television
a) Is actively selected for domestic program channels, foreign program channels, required content, increased value content to provide on service packages;
b) Used as a dedicated device to install the name, the service identification symbol on the television program channels of the appropriate service packages specified at Article 23 of this Decree;
c) The unit of the unit selection has a suitable telecommunications network to provide radio, pay television in the event of a radio service provider, pay television without a telecommunication network;
d) Be applied to technical technology in accordance with the type of service to provide Vietnamese language options with audio or subtitle due to the program's license editor, the foreign program.
2. The unit ' s obligation to provide the radio service, pay television.
a) Accept of State regulations on information management of information and protection of copyright content ownership programs, radio programs, television, and other content on the service;
b) Accept state regulations on fees, fees, prices, and contracts that provide services;
c) Accept the regulations in the license to provide radio services, paid television provided;
d) Accept a career reporting regime for the state governing body in the central and local states by regulation;
The unit provides radio services, paid television networks with a telecommunications network that approx business ownership regulations in accordance with the laws of telecommunications;
e) Not to be provided, testing offers program channels off of the category that have been granted registration on the service in all forms;
g) Not to be purchased, transferred, to rent, to lend a license to provide a radio service, television paid in all forms;
h) subject to the inspection, examination of the competent authorities in accordance with the rule of law.
What? 11. Rights and Means the case Rent-out, pay-TV.
1. The rights of the subscription, the television pay
a) Selected the unit of delivering radio services, paid television for contract delivery and the use of radio services, pay television;
b) Being required to provide a radio service provider, pay television provides the necessary information concerning the quality and conditions of use of radio services, pay television;
c) Used by the use of radio, quality, quality, and other regulations under contract that has been associated with the unit of broadcasting services, television pay;
d) Being refused to use either part or the entire radio service, the contract to pay under contract has been associated with the radio service provider, pay television;
The law is secured by the law of the law.
e) A complaint about the price of the service, quality of service; reimbursable and other direct damages caused by the failure of the radio service provider, pay television in case the service is not provided according to the agreed contract. Over.
2. The service of the radio subscription, pay television
a) Full payment and the correct price of radio service, pay television;
b) Must fully implement the terms specified in the contract to provide the radio service, the pay television;
c) Accusing the provisions of the copyright protection of the copyright of the copyright content of the program, the radio program, television;
d) Not to provide or resell radio services, television paid in all forms.
What? 12. Level the license to provide radio services, pay television
1. License-grade conditions:
a) A Vietnamese business. For businesses that have foreign investment capital must be approved by the Prime Minister ' s chairperson;
b) There is a service that provides services in accordance with the development of radio, television, broadcasting, broadcasting, and other planning, television, television, and electronic information;
c) There is a telecommunications network setup or has a lease agreement, using a telecommunications network that meets a service that requires a service transmission of services to subscribers connected to that telecommunications network to the specified service at Points a, b, c, d, Clause 1 Article 4. This decree; there is a confirmation of the domain name registration ". vn" or the Internet address specified to provide a subscription service to the specified service at the Point Point, Article 1 Article 4 of this decree;
d) There are methods of: Human resource layout; technical equipment investment; forecasting and analysis of the service market; business planning and service price, investment cost accounting and the least operating costs in 2 (two) first year; witness documents, and analysis. The proportional capital or value-equivalent text that meets the deployment requirement provides the service according to the expected service;
There is a central setup for the collection of all domestic programming channels, the foreign program focused on one location, except for program channels that are part of a program to serve as a political mission, a propaganda message. Locally essential, including: Design systems engineering systems processing signals, devices connected to transmission networks, service management devices, subscription management, and content protection;
e) There is a method of applying modern technology technology to the state regulation of standards, technical regulation of quality assurance of service and safety of information; timely processing of technical incidents that guarantee the continuity of service and rights. The rent.
g) There is a program of domestic program channels (except for program channels specified at the Article 4 Article 13 This decree), the foreign program channel, the required content, increased value content will provide on the radio, television, and sound services. pay with the consent text of the content supply unit;
) There is a written agreement to receive the signal channels of the appropriate program channels specified at Point 1 Article 14 This Agreement.
2. License-grade records
a) The application to grant a license to provide a radio service, a pre-denominated broadcast television provided by the Ministry of Information and Communications;
b) A copy of the original certificate or copy with the original to face one of the latest issued papers: Business Registration Certificate; Certificate of Investment Registration (if available);
c) The project provides a clear translation service: The type, scope of service provision, the technical method that provides online services and on-demand services (if any); envisage the terms of the rights, responsibilities of the parties in the contract delivery, using the service and regulatory content at the points b, d, e, e, g, h clause 1 Article;
d) A copy of the license to establish a telecommunications network or a copy of the agreed agreement text, using a unit's telecommunications network with a telecommunications network during the time the telecommunication network setup is valid for the specified service at the service. Point a, b, c, d clause 1 Article 4 This decree; the confirmation copy of the domain name register ". vn" or the specified Internet address for the specified service at the Point, Clause 1 Article 4 This Protocol;
The business case provides regulatory services at Points a, b, c, d A Article 4 This Protocol does not have a coordinated network of telecommunications with a unit with a telecommunications network or an additional technical solution to handle the incident, quality assurance and maintenance. the continuity of the service;
) The record for registering a content item on the radio service, the television payment on the provisions of Article 5 Article 21 of this decree;
e) A copy of the original copy or copy with the original copy of the text for a text agreement to receive the signpoint of the specified program channels at the Point of Article 1 Article 14 This Agreement.
3. License-grade procedure
a) A set of 02 (two) sets (1 main order, 01 sets of copies) directly submitted or sent through the postal system for the Ministry of Information and Communication and the business must be responsible for the accuracy, honesty of the filing of the license issue;
b) During the 30 (thirty) days of work since the date of receiving a valid profile, the Ministry of Information and Communications is responsible for the license to provide a radio service, the pay television. The case does not issue a license, the Ministry of Information and Communication has a written response stating the reason.
4. License deadline
a) The license to provide radio services, paid television has a maximum validity period of 10 (ten) years from the date of grade but does not exceed the validity deadline in the telecommunications network setting license or the written agreement text, which uses a license. The telecommunications network infrastructure on points a, b, c, d, paragraph 1 Article 4 of this decree; confirmation of the domain name registration ". vn" or Internet address defined for the specified service at the Point, Clause 1 Article 4 of this decree;
b) After a deadline of 1 (one) year from the date of the valid license, if the business is granted a license that does not carry out the provision of radio services, the pay transfer is no longer valid. The Ministry of Information and Communications has the responsibility to issue a decision to revoking the license;
If you want to continue to provide a service, the business must make a case, the procedure that the license is issued as a file, the procedure for the first License specified in Clause 2, 3 This Article.
5. Records, modified procedures, add License content:
a) The changes in the center of the recording, technical technology, type of service, the business of making the case, the procedure recommended granting the revised license, the addition of the applicable license, such as the file, the first License procedure specified in Clause 2, These three things.
b) Change of other content in the license to provide a radio service, pay-television, business must have a written offer attached to a change of content.
c) A set of 2 (two) sets (1 main order, 01 copy of the copy) directly submitted or sent through the postal system for the Ministry of Information and Communication;
d) During the 15 (fifteen) days of work, since the date of a valid filing, the Ministry of Information and Communications is in charge of the Revised License level, the addition of a license to provide a radio service, the pay television. The case does not grant a revised license, supplements, Ministry of Information and Media with a written statement stating the reason;
The case changes to the address of the headquarters, the representative under the law, the Enterprise Registration Certificate, the Investment Registration Certificate, the business must inform the licensing of the license issued in the 30 (thirty). the day since the day officially changed.
6. Extended License
a) 60 (sixty) the day before the Efficient License Expires, the business wants to renew the License to submit a letter of extension, stating the extension deadline accompanied by a copy of the license or provision of the license number that has been granted to the Ministry of Information and Media;
b) During the 20 (twenty) days of work, since the date received valid text, the Ministry of Information and Communications is in charge of the extension of the license extension. The case does not renew the license, the Ministry of Information and Communication has a written answer stating the reason;
c) The license extended to no more than 01 (one) time and has the validity of no more than 05 (five) years but does not exceed the validity deadline in the telecommunications network setting or agreement text, using the telecommunications network infrastructure for the service. specified at the points a, b, c, d, Clause 1 Article 4 This decree; confirm registration of the domain name ". vn" or the Internet address defined for the specified service at the Point, Clause 1 Article 4 This Protocol.
7. Profile, Procedisation procedure
a) The case of a license to expire or renew the license expires then the business makes the case, the procedure to grant the applicable license as a case, the procedure to license the first License specified in Clause 2, 3 This Article;
b) The case of a lost or damaged license is no longer usable, the business has a license to submit a request to grant a license to the Ministry of Information and Communications. The recommended text must specify the license number, the date of the grant of the issued License and the reason for the request to grant the license again. The case of a damaged license must be included with the damaged license.
c) In the time of 10 (ten) working days from the date of receiving the recommended text, the Ministry of Information and Communications reviewed, granting the license again. The case does not reissue the license, the Ministry of Information and Communication has the written answer stating the reason.
Chapter III
CONTENT MANAGEMENT OF INFORMATION ON RADIO SERVICE, TELEVISION
What? 13. Information content on radio service, promotional television and video.
1. Information content on radio service, promotional television, including:
a) The programs that serve the political mission, the essential propaganda information of the nation and of the local;
b) Other domestic programs.
2. The recipient of a program to serve as a political mission, the essential propaganda is done under the agreement between the unit providing the content and the service that provides the service taken from the General Control of the unit providing the content or from one locale. The most favorable, consistent position, in accordance with the provisions of the law, is responsible for providing the quality of the signal to ensure the quality of the signal and the savings cost of the service provider.
3. The radio service provider, promotional television is responsible for ensuring the integrity of the program channels, except for the case of naming, the symbol (logon) of the unit providing services on the program channel to identify the service as a service provider. specified in Article 23 of this decree.
4. The Ministry of Information and Communications specifically provides the category of a program to serve political duties, national and local propaganda information based on respect, the purpose of the channel and in accordance with the request for political duty, and for all purposes. I mean, information propagated by phase.
What? 14. Information content on the radio service, pay television.
Information content on the radio service, the pay television is organized into the regulated service and service packages, as follows:
1. The basic service package is a service package that includes programs that serve political duty, essential propaganda information under the regulation of the State that the business offers radio services, pay television must provide subscribers and services to the public. must be shown in the contract to provide radio services, pay-to-pay television. Specific:
a) The programmes for political duty, the essential propaganda of the nation must provide all the subscribers;
b) Political duty service channels, essential local propaganda information must be provided to local pay-based television subscribers where the business provides a service according to the administrative site, except for the case of a unit. providing radio services, pre-paid television using broadcast transmission technology that is unlikely to insert or replace the program channel;
c) The receiver of a political mission service channel, the essential propaganda information that follows the agreement between the content supply unit and the service provision unit taken from the General Control of the unit providing content or from a local location. The most favorable, consistent position, in accordance with the provisions of the law, is responsible for providing the quality of the signal to ensure the quality of the signal and the savings cost of the service provider.
2. The Advanced Service Pack is a service package with domestic program channels and foreign program channels provided by the service provider.
3. The required service package is a service package that follows the requirements of subscribers, including radio program content, television of units offering content and image content, other sounds that have the legal rights edited by the application, and the application form. the content provider.
4. Value-added services provided with radio services, television provided by the unit providing responsibility for the increased value content laws.
What? 15. Level the Program Production license in the country
1. The proposed unit granting the license to produce a program channel in the country must be a press agency with a licensed radio, television, radio.
2. License-grade records
a) The application to grant a license to produce a program channel in the country by the template provided by the Ministry of Information and Communications;
b) Copy or provide the number of radio, television;
c) The production of the program channel in which it specifies: Production purposes; name, icon (logon); respect, program channel purpose; program channel content; program channel image resolution; program frame expected in 01 (one) Months; audience objects; program production capacity (including: personnel, facilities, equipment, finance); organizational process production and management of the program channel; the technical method of distributing the program channel to the units of the program. provide radio, television; social economic efficiency of the channel;
d) The case of the program channel is the link product, the Project Channel production project must provide information about the associated product, including: Address, capacity of the bond partner; the bond form; the rights and obligations of the parties involved;
The Office of the Governing Body of the governing body for provincial press agencies, Central City or ministries, industry; for the Central Press Agency, the Production Project must be headed by the head of the agency. The press approved;
e) The proposed case of granting a license to produce multiple channels of programming, the proposed unit granting licenses must be a separate project for each of the specific program channels.
3. License-grade procedure
a) The profile of 2 (two) sets (1 main order, 01 sets of copies) directly submitted or sent through the postal system on the Ministry of Information and Communications and the press agency must be responsible for the accuracy and honesty of the profile;
b) During the 30 (thirty) days of work, since the date received valid records, the Ministry of Information and Communications is responsible for the license to produce the program channel in the country. The case does not issue a license, the Ministry of Information and Communication has a written response stating the reason.
4. License deadline
a) The license to produce a program channel in the country has a maximum effect of 10 (ten) years from the date of grade, but does not exceed the validity of the validity of the radio, the unit's television is licensed. The unit with a license to produce a program channel in the country is actively provided by the license-to-license channel for radio service providers, television in the country;
b) After 90 (ninety) days, since the date of the license is valid, if the unit is granted a license that does not perform the production of the program, the license is no longer valid. If you want to continue to produce the program channel, the unit must make the procedure for the license to issue a license, as applicable as a file, the procedure to license the first License specified in Clause 2, 3 This Article.
5. Records, revised procedure, additional license content
a) The case changes in respect, the purpose of the program channel, the unit with the license to execute the case, the modified procedure, the applicable application as the file, the procedure for the first License to be issued in Clause 2, 3 This Article;
b) The case changes the other content in the license, the unit with the license must have the proposed text accompanied by a change of the changing content and the changing acceptance text of the governing body for the provincial press agencies, the city online. of the Central or of the Ministry, the industry; for the Central Press Agency, the proposed text changes due to the head of the press office;
c) For the event of increasing or reducing the duration of the program channel, the duration of the self-produced program, in addition to the specified profile requirements at Point b, Clause 5 This, the unit with a license must have the Project stating the name, content, time, duration of development. increased program waves or cut programs; the program frame expected to broadcast in 01 (one) months; the organizational method produces the increased amount of programming;
d) The preliminary profile of 2 (two) sets (01 main order, 01 copies of copies) directly submitted or sent through the postal system on the Ministry of Information and Communication;
During the 20 (twenty) days of employment, since the date of a valid filing, the Ministry of Information and Communications is in charge of the revised license level, the addition of the Program to the Production of the Program channel in the country. The case does not grant a revised, complementary, Ministry of Information and Communication to have a written statement stating the reason.
6. Profile, Procedal procedure
a) 90 (ninety) the day before the license to produce a program channel in the country expires, if you want to continue to produce the program channel, the unit has a license to make the case, the procedure to grant the license again;
b) The application to grant the license again by the head of the press office; for the provincial press agencies, the central city of the Central or of the Ministry, the industry must be accompanied by the proposed letter granting the license of the governing body;
c) The copy or provide the number of program channel production licenses in the country has been granted;
d) The operational review assessment of the program channel production from the date was granted a license with content: Provides the channel's impact assessment of the impact of the channel, a list of programs, or broadcast professionals on the channel (including: time, duration of development) waves; programming sources; airframe programs; list of leadership officers in charge of departments, department or program channels; reporters, editors responsible for producing the program channel);
p) A set of 02 (two) sets (1 main order, 01 copies of copies) directly submitted or sent through the postal system on the Ministry of Information and Communication;
e) In the 30 (thirty) days of work since the date of receiving a valid profile, the Ministry of Information and Communications is responsible for reconsidering the license to produce the program channel in the country. The case does not reissue the license, the Ministry of Information and Communication has the written answer stating the reason.
What? 16. The link to the production of radio, television
1. The unit with the license to produce a program channel in the country is selected and is responsible for the partner with the established legal organization under the regulation of Vietnamese law to link a partial or entire program, the program channel.
2. The rights of the linked partner are paid by the rights from advertising, funding, or other legal sources of the unit with the license to produce the program channel when broadcast on the program itself, the link channel.
3. Do not perform program production links to radio programs, period television-politics.
4. The programs that implement the link activity in the political mission service channel, the essential propaganda information under the regulation of the State and the time channel-the composite politics cannot exceed 30% of the total time of the program. First broadcast (one) by the production license of this channel.
5. Units with the license to produce a program channel in the country when performing a program production link, radio program, broadcasting, accountability:
a) The broadcast of the broadcast content of the program, the program channel that guarantees the appropriate compliance of the law of the press;
b) A written report upon the implementation of a new link program.
What? 17. Foreign program on radio service, pay television, and more.
Foreign programs offered on radio, pay television in Vietnam must meet the following requirements:
1. The number of foreign programs mined on the radio service system, paying television does not exceed 30% of the total number of mining channels.
2. There is a healthy content, which fits the culture of Vietnam, does not violate the provisions of Vietnam ' s press of the press.
3. Have responded to the claim of ownership or use of content copyright when providing on the radio, television pay television in Vietnam.
4. Has been certified to register on the radio service, television paid by regulation at Article 18 of this decree.
5. A unit with a license to compile a foreign program under the provisions of Article 20 of this decree performs editing, compiled, and is responsible for editorial content, compaction.
6. Do not include pre-installed advertising information from abroad. Promotional content (if any) must be performed in Vietnam, compliance with Vietnamese law on advertising and unit issued by the editorial license is responsible for advertising content.
7. There has been a mandate to be authorized in Vietnam to carry out financial obligations under the provisions of Vietnamese law.
What? 18. Register provides foreign program channels on radio service, pay television, and more.
1. Foreign broadcasters offering foreign programs to Vietnam have the right to content copyright fees through authorized agents in Vietnam to carry out the registration of the program channel and perform financial obligations with the United States and the United States. Vietnam State.
2. Foreign broadcasters must explicitly specify the scope of authorization for each agent when simultaneously implementing the mandate from 2 (two) to the agent.
3. For foreign program channels that do not have a content copyright toll, foreign broadcasters only perform editorial procedures, regulatory compaction, not through authorized agents in Vietnam.
4. The authorized agent is Vietnam ' s business and is authorized by foreign television firms to provide a foreign program on radio, television, and pay television.
5. The authorized agency has the responsibility of registering to provide foreign program channels on radio services, pay television in Vietnam with the Ministry of Information and Communications.
6. Profile, Certificate of Registration Certificate Provides a foreign program channel
a) The application application provides a foreign program channel on the radio service, the television-paid television according to the Ministry of Information and Communications;
b) The copy of the foreign television company's operating license is the owner of a foreign program with a translation of the Vietnamese language.
c) The text that demonstrates the legally valid possession of legal authority on the program channel is issued by the country ' s competent agency that the foreign broadcaster owns the channel that registers the activity, accompanied by the Vietnamese translation available in the United States. evidence (if the text is composed in foreign language);
d) A copy of the original certificate or copy of the original copy to object to the Enterprise Registration Certificate, Investment Registration Certificate (if available) the latest of the authorized agent;
The copy of the original copy or copy with the original copy of the foreign television company's confirmation text of the mandate for the business as a proxy for the supply of foreign programs on the radio service, the television paid with the money. Vietnamese translation is attested (if the text is composed in foreign language);
e) A foreign television channel's description of the channel's channel content, the broadcast framework of the program channel in 01 (one) followed by the Vietnamese translation of the certificate (if the text is composed in foreign language);
g) The profile of 2 (two) sets (1 main order, 01 sets of copies) directly submitted or sent through the postal system on the Ministry of Information and Communications and the business must be responsible for the accuracy, honesty of the filing of the proposed Certificate of Registration. sign;
h) In the 30 (thirty) days of employment, since the date of the valid date of receiving, the Ministry of Information and Communications is responsible for the registration of registration certificates providing a foreign program on the radio service, the pay television, which rules out. specify the editorial request, which is compiled for the registration certificate channel;
i) The registration certificate provides a foreign program channel on the radio service, paying television with a maximum validity of 05 (five) years from the date of the class but not exceeding the deadline for writing in authorship as a dealer. The case does not grant a registration certificate, the Ministry of Information and Communication has a written statement stating the reason.
7. Records, revised procedure, supplement of registration certificate
a) The case changes the type of a program channel, the program channel content, the business that performs the case, the registration procedure as applicable as the filing procedure, the procedure for the first registration of the registration certificate stipulated at paragraph 6;
b) Other changes to the regulation at Point A 7 This Article, the business has a revised proposal text, the addition of the authorized agent's registration certificate to specify the reason and convince details of the proposed content to change and meet the requirements. rules at point c, d, this clause;
c) The text of the foreign television company confirms the changes in the content;
d) Copy or provide the number of registration certificates that provide the foreign program channel on the radio service, the pay television has been granted;
) The description of the foreign television station on time, duration, the broadcast framework of the program channel in 01 (one) month accompanied by the Vietnamese translation of a certificate (if the text is composed in foreign language) in the event of a proposal. edit, the addition of the regulations that are relevant to time, duration, airframe of the program channel;
e) A set of 02 (two) sets (1 main order, 01 sets of copies) directly submitted or sent through the postal system on the Ministry of Information and Communications and the business must be responsible for the accuracy and honesty of the profile;
g) In the 20 (twenty) days of work, since the date of a valid filing, the Ministry of Information and Communications is in charge of the revision of the revised registration certificate, the addition of the registration certificate provides the foreign program channel on the broadcast service. bar, paid television, the unmodified case, the addition of the Registration Certificate, the Ministry of Information and Media has the written answer stating the reason.
8. The authorized University provides a responsible foreign program channel:
a) The correct implementation of the regulations in the Registration Certificate provides a foreign program channel on the radio service, the television paid by the Ministry of Information and Media;
b) Perform financial obligations under the provisions of the law.
What? 19. Editor, compile the foreign program on radio service, pay television, and more.
1. All foreign program channels on radio services, pay television in Vietnam must be made editorial, management assurance of program content is not contrary to the regulation of Vietnamese law in the press and advertising, except for the employment of the public. Live reports of sporting competitions, opening ceremonies, closing ceremonies of regional and world-based sports competitions.
2. The compilation is done depending on the type of foreign program channel, namely:
a) A 100% compilation of the story of the series, the animated film;
b) The compilation of 100% of the launch programs, documentation on aggregals, entertainment channels, sports channels, sports channels, music channels, science, education.
3. The Ministry of Information and Communications determines the classification of the foreign program on the radio service, the pay television.
What? 20. Level the foreign program channel editor on radio service, pay television, and more.
1. Level the license to compile a foreign program on the radio service, pay television is made with each channel of programming and in accordance with the National Press Development and Development Planning.
2. License Level Conditions
a) The press agency has a licensed radio, television, and radio.
b) There is an approved text and offers to grant the editorial license of the governing body to the provincial press agency, the Central City of Central and the ministries, the industry; for the Central Press Agency, the document offering the license issued by the person. The head of the press,
c) There is a requirement for a request for a press specialization, a journalist card, and a foreign language proficier that is consistent with the foreign program channel offering the editorial license level;
d) There is technical capacity to meet the editorial requirements, including: Slow device systems, storage devices, signal capture techniques in line with the editing of the program channel; secure editorial work, compiled compiled in Vietnam. specified in Article 19 of this decree;
There is a financial capacity required by the cost of compaction, compiled in 01 (one) years and the text proving that the legal source of finance guarantees the implementation of the editorial work, compiled according to the accounting;
e) There is a copyright or text that allows the use of a foreign program in Vietnam by law.
3. Records, license-grade procedure
a) The application to issue a license to compile a foreign program channel on the radio service, the television to pay by the template provided by the Ministry of Information and Communications;
b) Copy or provide the number of radio, television;
c) The proposed foreign program channel editor expresses the regulatory content at Point c, d, clause 2 This is accompanied by a cost bill approved by the press governing body for the provincial press agency, the Central City of China and the United States. the ministries, the industry or the head of the press agency approved for the Central Press agencies;
d) Copy that there is a real certificate or copy of the original copy to object to the text of the foreign program copyright agreement. The case of a written agreement in foreign language must translate into Vietnamese and corroborate the translation;
p) A set of 02 (two) sets (1 main order, 01 copies of copies) directly submitted or sent through the postal system on the Ministry of Information and Communications and the press agency must be responsible for the accuracy and honesty of the profile;
e) During the 30 (thirty) days of work since the date of receiving valid records, the Ministry of Information and Communications is responsible for the license to compile a foreign program channel on the radio service, pay television. The case does not issue a license, the Ministry of Information and Communication has a written response stating the reason.
4. License deadline
The license to compile a foreign program on the radio service, the pay television has a maximum effect of 10 (ten) years from the date of the grant, but not too long the performance of writing in the radio, television and schedule operating permits. in the text of the program channel copyright agreement.
5. The case changes the program channel type, the foreign program channel content, the unit with the Case execution license, the procedure that applies as a file, the procedure for the first time the license is issued at Section 3 This.
6. Records, revised procedure, supplemation of License
a) The text of the revised proposal, the addition of the Accompanying License with the Theory of Different Change Content at paragraph 5 This of the press agency is signed by the head of the press agency. For the provincial press agency, the Central City of Central or of the ministries, the proposed text industry must have the confirmation of the governing body;
b) The copy or provide the license number of the foreign program channel on the radio service, the pay television has been granted;
c) The description text of the foreign television station on time, duration, the broadcast framework of the program channel in 01 (one) followed by the Vietnamese translation of the certificate (if the text is composed in foreign language) in the event of a proposal. edit, the addition of relevant content to time, duration, airframe broadcast of the program channel;
d) The preliminary profile of 2 (two) sets (01 main order, 01 copies of copies) directly submitted or sent through the postal system on the Ministry of Information and Communication;
During the 20 (twenty-two) days of work since the date of receiving valid records, the Ministry of Information and Communications was in charge of the Revised Licenses, adding a permit to compile a foreign program on the radio service, the pay television. The case does not grant a revised, complementary, Ministry of Information and Communication to have a written statement stating the reason.
7. Profile, Procedisation procedure
a) 90 (ninety) days before the license to edit the foreign program channel expires, if you want to continue editing the program channel, the unit with the license must be the procedure to reissue the license again;
b) The application to grant a license to a template by the Ministry of Information and Communications;
c) The copy or provide the license number of the foreign program channel on the radio service, the pay television has been granted;
d) The review of the performance review of the foreign program channel from the time granted a license to the contents of the license: Self-evaluation of editorial performance, manpower, equipment, convenience, difficulty in editorial work;
p) A set of 02 (two) sets (1 main order, 01 copies of copies) directly submitted or sent through the postal system on the Ministry of Information and Communications and the press agency must be responsible for the accuracy and honesty of the profile;
e) During the 30 (thirty) days of work since the date of receiving the prescribed record, the Ministry of Information and Communications is responsible for reregulation of the Foreign Program editorial license on the radio service, the pay television. The case does not reissue the license, the Ministry of Information and Communications responded well to the reason.
What? 21. Register the content category on radio, television, radio.
1. For radio service, promotional TV
The radio service provider, television promotion owners select the category of program channels in the appropriate country stipulated at Article 13 of this decree to provide on the service and not perform a content portfolio registry.
2. For the radio service, pay television.
a) The unit of delivering radio services, paid television must perform a portfolio of programming content channels in the country, the foreign program channel;
b) The unit provides a radio service, the pay television does not have to perform a list of content categories at the request and the value content increase. The required content and added value content on the radio service, the pay television must guarantee the regulation requirements at Section 3 This Article;
3. Required for content at the request and value content increased.
a) There is a written proof of legal copyright in accordance with the rule of law;
b) The press agency has a radio, television, and editorial operations license before providing on the service;
c) The monitoring of the service report and the examination of the competent authorities.
4. During the deployment of a radio service, pay television, if there is a change in comparison to the registered content category, the units that provide the radio service, the paid television must perform the revised registration, the addition of the content category.
5. First registration records, revised registration, addition of the content portfolio on the radio service, pay-to-pay television.
a) The declaration of registration, the revised registration, the addition of the content portfolio on the radio service, the television-paid television by the Ministry of Information and Communications;
b) A copy of the original copy or copy with the original copy to object to the copyright agreement text on the broadcast channel on the radio service, the television paid for registration;
c) A copy of the original proof or copy of the original copy to object to the text of the recognition of the signpoint of the program for political duty, the essential propaganda information;
d) The preliminary profile of 2 (two) sets (1 main order, 01 sets of copies) sent directly or through the postal system on the Ministry of Information and Communications (Bureau of Radio, Television and Electronic Information);
6. The procedure of issuing a Certificate of Content Registry on the radio service, pay television.
a) For the first registration profile to be done along with the case of a license granting the license to provide a radio service, the pay television. After the business was granted a license to provide radio services, paid television, the Ministry of Information and Communications (Bureau of Radio, Television and Electronic Information) was in charge of the certification of the Certificate of Content Registry Content on the development service. All right, let's go.
b) For the revised registration profile, adding a content category on the radio service, the television pays the deadline for the revised level, the addition of the registration certificate is 15 (fifteen) days. The unmodified case, the addition of the Registration Certificate, the Ministry of Information and Communications (Bureau of Radio, Television and Electronic Information) has the text of the reply stating the reason.
What? 22. Content rights on radio, television,
1. The program channels in the country serve political duties, the essential propaganda information on the country's regulations to be followed, the integrity of the broadcast on radio, television in the territory of Vietnam does not need copyright agreement.
2. Other program channels on the radio service, television must secure the copyright requirements as follows:
a) There is a written proof of legal copyright in accordance with the rule of law;
b) Secure the integrity of the program, the program channel, except the case of the naming installation, the symbol (logon) of the unit that provides the service according to the provisions of Article 23 of this decree.
What? 23. Name, unit symbol that provides radio, television and radio services
The unit provides radio, naming, and symbolic services on the television program to identify its services in accordance with the following regulations:
1. There is an easy identification.
2. No more than 10 (ten) characters and does not coincide with the name, the previously registered symbol.
3. Set at 01 (one) in 4 (four) the angle of the screen and does not overlap the icon of the unit providing the content or icon of the program channel.
4. Have a written certification or commitment to intellectual property in accordance with the rule of law on the symbol (logon) service. The service symbol of the unit providing radio services, paid television must register along with the application of a license granting the license to provide a radio service, pay television, or a revised offer profile, the addition of a radio service provider, Pay TV.
5. Uninstalled name, service icon on television program channels serving political duties, essential propaganda information according to the state regulation.
6. The master chooses and proposes at least 2 channels in the category of program channels provided on the service to perform a name installation, symbol (logon) for the purpose of identification of the service provider.
TECHNICAL, QUALITY, BUSINESS REPORTS AND SERVICE PRICES
What? 24. System of equipment engineering standards, radio services, television, including:
1. radio terminal, television.
2. The device encrypts the signal by the base.
3. The device transplants the signal with the facility.
4. Firewall device at the center of the collection.
5. The routing device at the center of the collection.
6. The user management device (subscription).
7. Content Protection Device.
8. Satellite service via satellite.
9. Land TV service.
10. The same cable TV service.
11. Digital cable television.
12. Internet protocol cable television (IPTV).
13. Land mobile television.
14. Television service via satellite.
15. Mobile TV service on the ground mobile telecommunications network.
16. radio service, Internet television.
What? 25. Quality of equipment quality, radio, television, radio
1. The evaluation of standard suitcases, technical standards for equipment and radio services, the television is done as follows:
a) The radio device, the television must perform a contract certification or a contract publication for each type of device type and to mount a contract before circulation in the market;
b) Radio services, television specified in the Clause 8, 9, 10, 11, 12, 13, 14, 15, 16 Article 24 This resolution must carry out the quality publication and compliance of the quality monitoring, quality monitoring of the Ministry of Information and Media.
2. The Ministry of Information and Communication is responsible:
a) The board of radio equipment catalog, the television must perform a contract procedure in each period;
b) Specific regulation of the performance evaluation activity, the standard of radio equipment engineering, television;
c) Regulation procedure implementation of the quality publication and management of management regulation, inspection, inspection, monitoring of quality of radio services, television.
1. The Ministry of Information and Communications Regulations the regime and its model reporting the radio service, television for the unit of radio services, television; activities linking the program, program channel to the production unit. Domestic show.
2. The units that provide the radio service, the television is responsible:
a) Implemvising of periodic reports, groundbreaking operations that provide radio, television at the request of the Ministry of Information and Communications (Bureau of Radio, Television and Electronic Information) and the Department of Information and Provincial Media, the city where the deployment is available. active service provider, television;
b) The accuracy of the content and the number of reports when required by the competent authorities.
3. The units that produce the program channel in the country are responsible:
a) The periodic report, the groundbreaking breakthrough in the production of the program, the program channel at the request of the Ministry of Information and Communications (Bureau of Radio, Television and Electronic Information);
b) The accuracy of the content and the number of reports when required by the competent authorities.
4. Ministry of Information and Communications (Department of Radio, Television and Electronic Information) is responsible for the use of content and job reporting data to serve as a state management partnership for the service of radio, television, and operational services. link production, radio show, television.
1. The Ministry of Information and Communications has the responsibility to enact economic-level communication technology broadcasting in the country that serves political duties, essential propaganda on radio services, promotional television.
2. The price of radio services, the television paid publicly by the rule of law, as follows:
a) The unit provides the service of radio, the pay-paid television listing the service price, the service package price attached to the information, the basic specifications of the service, the service package;
b) The location for the price of the radio service, the television pay is at the business facilities that provide the service provider and other locations due to the decision-making service by the law.
DIRECT TRANSMISSION FROM SATELLITE
What? 28. Television signal recording, television and radio.
Users of the radio service, television in Vietnam, were installed on the satellite to watch television broadcasts of Vietnam ' s satellite television network without having to register with the agency. Yes, I have jurisdiction.
What? 29. Don't Television, no. of the service radio, television
1. The live television signal from the satellite not part of Vietnam ' s satellite television service is to record foreign television signals directly from the satellite to record foreign television broadcasts without editing by the agency. The press.
2. The following subjects are recorded live foreign television signals from the satellite to exploit the information that serves a professional professional work:
a) Party agencies, State, political-social unions in the central and province, the central city of the Central;
b) Press agencies;
c) The agencies, foreign affairs organizations in Vietnam;
d) The representative office, the permanent office of the news agencies, the foreign press in Vietnam.
3. The organizations that do not rule in Clause 2 This are foreigners working, households and foreign individuals are only recorded live television signals from the satellite if those programs are not provided on the paid television system. It ' s the money from Vietnam in the country where the organization, the family, and the individual set up the receiver system.
4. Businesses with a license to provide a radio service, pay television that is made the head of a direct transmission of the device system directly from the satellite not over the editor to provide for the following subjects:
a) The specified objects at Clause 2, 3 This is not conditional or the need for a separate set of transmission equipment directly from the satellite;
b) The hotels have been legally registered to have foreigners in exile.
5. The specified objects at Clause 2, 3 and point b 4 This must carry out registration of foreign television signals directly from the satellite with the local Department of Information and Communications where the receiver system is set.
6. Businesses have a license to provide a radio service, pay television, and have a contract or contract agreement that provides a direct television signal from the satellite without editing to the specified objects at paragraph 4 This must be true. It is currently registered as the head of a satellite-based device that collects foreign television signals directly from the satellite with the local Department of Information and Communications where the receiver system is set.
What? 30. The procedure for registration of foreign television signals directly from the satellite.
1. The Provincial Information and Communications Department, the Central City of Central City, is responsible for managing and registering foreign television signals directly from the satellite on the managed site.
2. Records, the procedure for registering foreign television signals directly from the satellite is prescribed as follows:
a) The declaration is signed by the Ministry of Information and Communications;
b) A copy of a copy or copy with the original copy to object to the following types of papers: The license to establish or document the equivalent legal to the regulatory organizations at Article 2 Article 29; the Certificate of Enterprise Registration, receiving an investment register (if available) to the organization, Permanent Card, or legal paper equivalent to household, individual foreign persons stipulated at paragraph 3 Article 29 This decree; the registered registration text of the hotel stipulated at point b 4. Article 29 This decree; the license to provide radio services, pay television for the regulatory business at paragraph 6 Article 29 This decree;
c) The copy of a certificate or copy with the original to object to the lease text, borrow the installation site in the case of the device not installed at the site of the record in the Establishment Permit, Investment Registration Certificate, Registration Certificate enterprise, permanent card, a license to provide radio services, pay television;
d) The primary profile of 1 (a) set up directly or sent through the postal system for the Department of Information and Provincial Media, the Central City of Central City where the establishment of the foreign television signal receiver system directly from the satellite;
During 15 (fifteen) days of work from the date of receiving valid records, Department of Information and Communications, the Central City of Central City is responsible for registering foreign television signals directly from the satellite. The unregistered case, the Department of Information and Media has a written answer stating the reason;
e) The registration certificate registers foreign television signals directly from the satellite due to the Ministry of Information and Communications;
g) The registration certificate registers foreign television signals directly from the satellite with a maximum validity of 05 (five) years from the date of grade but does not exceed the validity of the recording effect in the Establishment Permit, Enterprise Registration Certificate, Certificate of Certificate. receiving an investment registration, permanent card, a license to provide a radio service, a pay television.
3. Records, revised registration procedure, supplematuation of the Certificate of Registered Foreign Television Signals from the satellite:
a) The proposed text specifies the content to be modified, complemally; for the case of a change of installation location, there is a need for a copy of a certificate or a copy of the original copy to object to a text that proves ownership of ownership, rent, new location;
b) The filing of 1 (a) primary order directly submitted or sent through the postal system for the Department of Information and Provincial Media, the Central City of the Central Committee where the installation of foreign television signals directly from the satellite;
c) During the 10 (ten) days of work since the date of receiving valid records, the Department of Information and Communications, the Central City of Central City is responsible for registering foreign television signals directly from the satellite. The unregistered case, the Department of Information and Communication has the written answer stating the reason.
EXECUTION CLAUSE
1. This decree has been in effect since 15 March 2016.
2. Since the date of this Decree is effective enforcement, the documents that violate the law and the following are out of force:
a) 20 /2011/QĐ-TTg March 24, 2011 by the Prime Minister on the promulgation of the Pay-TV Activity Management Regulation;
b) Decision No. 18a/2013/QĐ-TTg on 29 March 2013 by the Prime Minister on the amendment, adding some of the provisions of the Statements of the Act to pay the issued funds accompanying the Number Decision. 20 /2011/QĐ-TTg March 24, 2011 of Prime Minister;
c) 19 /2009/TT-BTTTT May 28, 2009, of the Ministry of Information and Communications which regulates the link in the production of radio, television, and television programs.
d) Articles 10, 11, 12 of the Digital Information 07 /2011/TT-BTTTT March 1, 2011 of the Ministry of Information and Media rules the details and guidelines for the granting of the license to operate the press in the field of radio, the television run out of force.
3. During the December 12 (twelve) months since the date of this Decree is valid, businesses are having an operation to provide paid television services, which has a broadcasting technical infrastructure that broadcasts but has not yet licensed a telecom network setting if continuing. active TV service provider, has to do the procedure to offer a license to issue a telecommunications network and grant a license to provide a radio service, pay-to-pay television.
4. The licenses, certificates issued under the regulation at the Digital Decision 20 /2011/QĐ-TTg March 24, 2011 The Prime Minister continues to take effect until the expiration of the deadline has been granted.
1. The Minister of Information and Media is responsible for guidance, examining the implementation of this decree.
2. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee and the organizations, the individual is responsible for the implementation of this decree.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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